The Kreis Herzogtum Lauenburg immigration office deported a Turkish national to Turkey on 29 July 2026 after rejecting his asylum claim.
A judge had telephoned the office several times that day to say that a court-ordered halt to the deportation was already in effect.
The Turkish national had married a Bulgarian citizen and applied for a residence right derived from her EU free movement status.
His lawyer then asked the Administrative Court of Schleswig (VG Schleswig) for urgent interim relief to stop the deportation while his asylum claim was decided.
- 11:45: The court said a suspension order was coming.
- 12:27: The court confirmed that the signed order was in force.
- 13:36: The court made another urgent call.
- 13:40: The flight to Turkey departed.
On 10 August 2026, the Verwaltungsgericht (VG) Schleswig ruled that a suspension order (Hängebeschluss) becomes binding the moment it is communicated verbally. The immigration office therefore did not have to wait for formal written service before complying with the order.
Why was the verbal order suspending deportation binding?
The immigration office argued that:
- only the formally served written suspension order could bind the immigration office
- earlier, less favorable assessments justified proceeding with the deportation
The VG Schleswig rejected both arguments.
The court used urgent interim relief under §123 VwGO to suspend the deportation while the underlying case remained unresolved. This type of relief is intended to prevent irreversible consequences while the court considers the main case.
The VG Schleswig ruled that a Hängebeschluss, or suspension order, takes legal effect when the court communicates it verbally.
The court said this approach is consistent with established case law from several Oberverwaltungsgerichte, or higher administrative courts. If an authority disagrees with the order, it must appeal rather than disregard it.
The court also found that the man had derived a residence right through his wife’s EU citizenship, so the deportation had no valid legal basis in the first place.
NOTE: This ruling concerns one chamber’s decision on an urgent interim application, not a final judgment on the man’s residence status. The underlying case about his rights under his wife’s EU citizenship still has to be decided on its merits.
What should you do if a court suspends your deportation?
If you or a family member has a deportation order pending and a court issues a suspension order, that order is legally binding on the Ausländerbehörde immediately.
Whether the order arrives by phone, fax, or post, you do not need to wait for a formal written copy to be delivered before it takes effect.
If you believe a deportation has proceeded, or is about to proceed, despite an interim court order, document every contact with the court and the authority (e.g., call times, who you spoke to, what was said).
LegalWeg represents clients in urgent interim-relief proceedings against Ausländerbehörden, including cases involving derived EU family-member residence rights.